On Friday the 7th of August, I attended the Roma Street District and Supreme Court. I attended court for just over three hours and observed three various criminal cases. This essay will detail the proceedings of these cases and analyse them in terms of which model, due process or crime control, the cases presented as. Using the academic literature available I will detail the cases and how they were conducted as well as a brief over view of both models reflected. After reviewing these cases alongside the scholarly sources I have decided that both crime control and due process methods were present at the time of my observations.
Court Details
I observed at court three separate cases, kidnapping, police brutality and property damage/arson. All …show more content…
L. Packer as early as 1968. He stated that the Crime Control Model relies on a presumption of guilt during the later stages of the court process. A heavy dependence is placed on finding factual evidence through police and witnesses at early stages of the model in which they can then ‘weed out’ any innocent persons. It operates under an oath of efficiency and accuracy.
Unlike the Crime Control Model, Due Process lacks faith in the reliability of evidence gathered in the early stages of investigations and places more stock in the information found during the adjudication process. The Due Process Model also distinguishes between the factually guilty and the legally guilty whereas the Crime Control Model does not (Marmo et al, 2012, 397). In summary, Crime Control is concerned with the apprehension and prevention of criminals and wrong-doers. Whilst Due Process also retains this belief to an extent its focus is on ensuring that crime is controlled in a way that the citizens are not subject to the abuse of power by the state. Many different things separate these two models, however, these are the main points that need to be made for the point of this …show more content…
The Crime Control Model is also used but sparingly and only at times in which factual guilt is already presumed. On the date that I observed court the Due Process model was clearly present within two cases. I acknowledge that there is a need for both models within our criminal justice system but believe that Due Process is the fairer and more effective way of dealing with
Court Details
I observed at court three separate cases, kidnapping, police brutality and property damage/arson. All …show more content…
L. Packer as early as 1968. He stated that the Crime Control Model relies on a presumption of guilt during the later stages of the court process. A heavy dependence is placed on finding factual evidence through police and witnesses at early stages of the model in which they can then ‘weed out’ any innocent persons. It operates under an oath of efficiency and accuracy.
Unlike the Crime Control Model, Due Process lacks faith in the reliability of evidence gathered in the early stages of investigations and places more stock in the information found during the adjudication process. The Due Process Model also distinguishes between the factually guilty and the legally guilty whereas the Crime Control Model does not (Marmo et al, 2012, 397). In summary, Crime Control is concerned with the apprehension and prevention of criminals and wrong-doers. Whilst Due Process also retains this belief to an extent its focus is on ensuring that crime is controlled in a way that the citizens are not subject to the abuse of power by the state. Many different things separate these two models, however, these are the main points that need to be made for the point of this …show more content…
The Crime Control Model is also used but sparingly and only at times in which factual guilt is already presumed. On the date that I observed court the Due Process model was clearly present within two cases. I acknowledge that there is a need for both models within our criminal justice system but believe that Due Process is the fairer and more effective way of dealing with